ARREST, SEARCH, SEIZURE EXAM QUESTIONS WITH COMPLETE
SOLUTIONS
The court will examine the "____________ _____ _______ _____________"
surrounding the seizure or detention to determine if there were sufficient facts
and circumstances present to satisfy the Fourth Amendment.
totality of the circumstances
Only the information known to the officer at the time of the ________ or search
will be considered by the court - any evidence found after the arrest or during the
search will not be ____________ to prove probable cause.
seizure; admissible
Although the courts are the ultimate arbiters of what constitutes probable cause,
the U.S. Supreme Court in the Gates opinion also stated: "Perhaps the central
teaching of our past decisions bearing on the probable cause standard is that it is
a practical, nontechnical conception.
In dealing with probable cause... as the very name implies, we deal with
________________. These are not technical; they are the factual and practical
considerations of everyday life on which reasonable and ______________ men
(peace officers), not legal technicians (attorneys), act."
probabilities; prudent
Peace officers must respect the citizen's right against self-incrimination as
protected by the U.S. Constitution's _________ Amendment.
Fifth
5th Amendment of the U.S. Constitution provides every citizen the right against
______-____________.
self-incrimination
No person shall ... be ___________ in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property, without due process of law
compelled
,Custodial Statement Purpose - to inhibit the government from compelling a
______________ through force, coercion, or deception.
confession
•Individuals often assert this right when asked pointed questions by law
enforcement agents, prosecutors, and other government officials seeking to
determine the person's criminal _____________ for a particular crime.
responsibility
Texas Constitution – Rights of Accused in Criminal Prosecutions. In Texas, this
right is preserved under Article 1, Section 10 of the Bill of Rights.
•He shall not be ______________ to give evidence against himself.
compelled
An officer may __________ for that offense which the probable cause leads the
officer to believe is occurring or has occurred. Whether or not probable cause
was present to support an arrest or search is a question that will be resolved by
the __________.
arrest; courts
The main question of what landmark case presented to the Supreme Court was,
"May a judge issue a search warrant on basis of partially corroborated
anonymous informant's tip?"
Illinois v. Gates (1983)
What is the case?
In May 1978, the Bloomingdale, Illinois Police Department received an
anonymous letter. The letter gave information about Lance and Sue Gates
delivering and possessing a large amount of narcotics. Detectives corroborated
the information from the letter by following the Gates' during their activities.
Detectives searched their vehicle and house finding large amounts of narcotics
and arrested the Gates. Illinois Circuit Court decided that the search was unlawful
based on the test established in the Supreme Court ruling in Spinelli v. United
States. This ruling was upheld by both the Illinois Appellate Courts and the
Supreme Court of Illinois. Reversed - The Supreme Court overturned the ruling of
,the Illinois courts. stating the letter was highly relevant and considered the
"totality of circumstances."
Illinois v. Gates (1983)
What is the case?
The Illinois Supreme Court stated that the letter and affidavit were inadequate to
sustain a determination of probable cause for issuance of the search warrant
under Aguilar v. Texas, 378 U. S. 108, and Spinelli v. United States, 393 U. S. 410,
since they failed to satisfy the "two-pronged test" of (1) revealing the informant's
"basis of knowledge" and (2) providing sufficient facts to establish either the
informant's "veracity" or the "reliability" of the informant's report.
Illinois v. Gates (1983)
Persons in _________ prior to interrogation must be clearly informed by peace
officers that they have the right to remain __________ and that anything they say
can and will be used against them in court.
custody; silent
These ______________ warnings also require peace officers to advise persons in
custody prior to _________________ that they have the right to an attorney and
that if they cannot afford an attorney, one will be appointed to represent
them. Miranda v. Arizona, 384 U.S. 436 (1966).
Miranda; interrogation
Once persons in custody indicate their right to remain silent, interrogations must
__________. If the persons in custody requests an attorney, the interrogations
must cease until an attorney is present or, alternatively, until there is at least a
______________-day break in Miranda custody. Maryland v. Shatzer, 130 US. 1213
(2010).
cease; fourteen
This case represents the consolidation of four cases, in each of which the
defendant confessed guilt after being subjected to a variety of interrogation
techniques without being informed of his Fifth Amendment rights during an
interrogation.
, Miranda v. Arizona (1966)
What Supreme Court case is this in reference to?
In all four cases, the questioning elicited oral admissions, and, in three of them,
signed statements as well, which were admitted at their trials. All defendants
were convicted, and all convictions, except in No. 584, were affirmed on appeal.
Miranda v. Arizona, (1966)
What Supreme Court case is this in reference to?
On March 13, 1963, Ernesto Miranda was arrested in his house and brought to the
police station where he was questioned by police officers in connection with a
kidnapping and rape. After two hours of interrogation, the police obtained a
written confession from Miranda.
Miranda v. Arizona (1966)
What case?
Issue: Does the Fifth Amendment's protection against self-incrimination extend to
the police interrogation of a suspect?
Miranda v. Arizona (1966)
What was the decision in Miranda v. Arizona, 384 U.S. 436 (1966) of the Supreme
Court?
Held 5-4
•(1) Right to remain silent,
•(2) Right to consult an attorney before being questioned by the police,
•(3) Right to have an attorney present during police questioning,
•(4) Right to a court-appointed attorney if they cannot afford one, and
•(5) Right to be informed that any statements they do make can and will be used
in their prosecution.
Miranda Rights
Facts: In August 2003, a detective from the Hagerstown, MD Police Department
interviewed the defendant regarding allegations that he had sexually abused his
SOLUTIONS
The court will examine the "____________ _____ _______ _____________"
surrounding the seizure or detention to determine if there were sufficient facts
and circumstances present to satisfy the Fourth Amendment.
totality of the circumstances
Only the information known to the officer at the time of the ________ or search
will be considered by the court - any evidence found after the arrest or during the
search will not be ____________ to prove probable cause.
seizure; admissible
Although the courts are the ultimate arbiters of what constitutes probable cause,
the U.S. Supreme Court in the Gates opinion also stated: "Perhaps the central
teaching of our past decisions bearing on the probable cause standard is that it is
a practical, nontechnical conception.
In dealing with probable cause... as the very name implies, we deal with
________________. These are not technical; they are the factual and practical
considerations of everyday life on which reasonable and ______________ men
(peace officers), not legal technicians (attorneys), act."
probabilities; prudent
Peace officers must respect the citizen's right against self-incrimination as
protected by the U.S. Constitution's _________ Amendment.
Fifth
5th Amendment of the U.S. Constitution provides every citizen the right against
______-____________.
self-incrimination
No person shall ... be ___________ in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property, without due process of law
compelled
,Custodial Statement Purpose - to inhibit the government from compelling a
______________ through force, coercion, or deception.
confession
•Individuals often assert this right when asked pointed questions by law
enforcement agents, prosecutors, and other government officials seeking to
determine the person's criminal _____________ for a particular crime.
responsibility
Texas Constitution – Rights of Accused in Criminal Prosecutions. In Texas, this
right is preserved under Article 1, Section 10 of the Bill of Rights.
•He shall not be ______________ to give evidence against himself.
compelled
An officer may __________ for that offense which the probable cause leads the
officer to believe is occurring or has occurred. Whether or not probable cause
was present to support an arrest or search is a question that will be resolved by
the __________.
arrest; courts
The main question of what landmark case presented to the Supreme Court was,
"May a judge issue a search warrant on basis of partially corroborated
anonymous informant's tip?"
Illinois v. Gates (1983)
What is the case?
In May 1978, the Bloomingdale, Illinois Police Department received an
anonymous letter. The letter gave information about Lance and Sue Gates
delivering and possessing a large amount of narcotics. Detectives corroborated
the information from the letter by following the Gates' during their activities.
Detectives searched their vehicle and house finding large amounts of narcotics
and arrested the Gates. Illinois Circuit Court decided that the search was unlawful
based on the test established in the Supreme Court ruling in Spinelli v. United
States. This ruling was upheld by both the Illinois Appellate Courts and the
Supreme Court of Illinois. Reversed - The Supreme Court overturned the ruling of
,the Illinois courts. stating the letter was highly relevant and considered the
"totality of circumstances."
Illinois v. Gates (1983)
What is the case?
The Illinois Supreme Court stated that the letter and affidavit were inadequate to
sustain a determination of probable cause for issuance of the search warrant
under Aguilar v. Texas, 378 U. S. 108, and Spinelli v. United States, 393 U. S. 410,
since they failed to satisfy the "two-pronged test" of (1) revealing the informant's
"basis of knowledge" and (2) providing sufficient facts to establish either the
informant's "veracity" or the "reliability" of the informant's report.
Illinois v. Gates (1983)
Persons in _________ prior to interrogation must be clearly informed by peace
officers that they have the right to remain __________ and that anything they say
can and will be used against them in court.
custody; silent
These ______________ warnings also require peace officers to advise persons in
custody prior to _________________ that they have the right to an attorney and
that if they cannot afford an attorney, one will be appointed to represent
them. Miranda v. Arizona, 384 U.S. 436 (1966).
Miranda; interrogation
Once persons in custody indicate their right to remain silent, interrogations must
__________. If the persons in custody requests an attorney, the interrogations
must cease until an attorney is present or, alternatively, until there is at least a
______________-day break in Miranda custody. Maryland v. Shatzer, 130 US. 1213
(2010).
cease; fourteen
This case represents the consolidation of four cases, in each of which the
defendant confessed guilt after being subjected to a variety of interrogation
techniques without being informed of his Fifth Amendment rights during an
interrogation.
, Miranda v. Arizona (1966)
What Supreme Court case is this in reference to?
In all four cases, the questioning elicited oral admissions, and, in three of them,
signed statements as well, which were admitted at their trials. All defendants
were convicted, and all convictions, except in No. 584, were affirmed on appeal.
Miranda v. Arizona, (1966)
What Supreme Court case is this in reference to?
On March 13, 1963, Ernesto Miranda was arrested in his house and brought to the
police station where he was questioned by police officers in connection with a
kidnapping and rape. After two hours of interrogation, the police obtained a
written confession from Miranda.
Miranda v. Arizona (1966)
What case?
Issue: Does the Fifth Amendment's protection against self-incrimination extend to
the police interrogation of a suspect?
Miranda v. Arizona (1966)
What was the decision in Miranda v. Arizona, 384 U.S. 436 (1966) of the Supreme
Court?
Held 5-4
•(1) Right to remain silent,
•(2) Right to consult an attorney before being questioned by the police,
•(3) Right to have an attorney present during police questioning,
•(4) Right to a court-appointed attorney if they cannot afford one, and
•(5) Right to be informed that any statements they do make can and will be used
in their prosecution.
Miranda Rights
Facts: In August 2003, a detective from the Hagerstown, MD Police Department
interviewed the defendant regarding allegations that he had sexually abused his
